Tag assault

17 sept 2017

Rhode Island Felony Assault Statute and Penalties

In the State of Rhode Island, an “assault” is an intentional act that places another individual in fear of imminent harm or danger whereas a “battery” involves the intentional touching of another individual without his or her consent that is offensive or results in bodily injury. In Rhode Island, the penalties for assaults and/or batteries greatly depend on the facts and circumstances surrounding the incident.

More specifically, if an individual commits an assault and/or battery accompanied by a dangerous weapon or causes serious bodily injury, which is known as felony assault, he or she will face up to 20 years imprisonment. The penalties are even greater if an individual commits a felony assault upon a family or household member, which is known as felony domestic assault. The penalties for felony domestic assault include a no contact order, completion of a batterer’s intervention program, and hefty fines and fees in addition to imprisonment for up to 20 years.

What is a felony assault in Rhode Island?

Pursuant to Rhode Island General Law, 11-5-2, a felony assault occurs when an individual commits an assault or battery or both, with:

  • A dangerous weapon
  • Acid
  • A dangerous substance
  • Fire

In addition, an assault or battery, which results in serious bodily injury also constitutes as felony assault.

Key Definitions

According to Rhode Island General Law, 11-5-2, “serious bodily injury” means physical injury that:

  • Creates a substantial risk of death
  • Causes protracted loss or impairment of the function of any bodily part, member or organ; or Fine up to $1,000
  • Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the genitals of a female

According to Rhode Island General Law, 12-29-2, “family or household member” includes the following:

  • Spouses
  • Former spouses
  • Adults related by blood or marriage
  • Adults who currently reside together
  • Adults who have resided together in the past 3 years
  • Persons who have a child in common regardless of whether they have been married or have lived together
  • Persons who are or have been in a substantive dating or engagement relationship within the past year

It is important to note that the court will determine whether a relationship is substantive by considering the length of the relationship, the type of relationship, and how often the parties interacted.

Contact RI Criminal Defense Lawyer Craig Hein

Attorney Craig Hein has been successful in defending those who have been criminally accused. Craig’s style is both aggressive and steadfast. From your first conversation with him, you will realize both his capability in the court room and ability to alleviate much of your stress. Craig has made a living out of turning problems into solutions and does not rest until he does everything possible to achieve a desirable outcome. For a free consultation please call 401-619-7214.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

Copyright © 2018 Craig Hein Law

Read More

8 august 2017

Rhode Island Domestic Assault and/or Battery Statute and Penalties

Today, the terms “assault” and “battery” are considered synonymous; however, these terms differ in meaning. In Rhode Island, an assault is an intentional act that places another individual in fear of imminent harm or danger. It is important to note that assault does not require physical contact between individuals. By contrast, a battery involves the intentional touching of another individual without his or her consent that is offensive or results in bodily injury. Pursuant to Rhode Island General Law, 11-5-3, anyone that commits an assault or battery or both may be imprisoned for up to one year, fined up to $1,000, or both. It is important to note that charges for domestic assault and/or battery carry additional penalties, especially those with prior domestic violence offenses, due to the Domestic Violence Prevention Act. More specifically, domestic assault occurs when an individual commits an assault and/or battery upon a family or household member. The following section discusses the different penalties for individuals charged with domestic assault and/or battery, and who is considered to be a family or household member according to Rhode Island General Law, 12-29-2.

First Offense Domestic Penalties

  • Up to 1 year imprisonment
  • Fine up to $1,000
  • Completion of a batterer’s intervention program
  • Issuance of a no contact order
  • Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.

Second Offense Domestic Penalties

  • Imprisonment between 10 days to a year
  • Fine up to $1,000
  • Completion of a batterer’s intervention program
  • Issuance of a no contact order
  • Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.

Third Offense Domestic Penalties

  • Imprisonment between 1 to 10 years (felony charge)
  • Fine up to $1,000
  • Completion of a batterer’s intervention program
  • Issuance of a no contact order
  • Court Costs including one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.

It is important to note that the court will determine whether a relationship is substantive by considering the length of the relationship, the type of relationship, and how often the parties interacted.

Key Definitions

According to Rhode Island General Law, 12-29-2, “family or household member” includes the following:
  • Spouses
  • Former spouses
  • Adults related by blood or marriage
  • Adults who currently reside together
  • Adults who have resided together in the past 3 years
  • Persons who have a child in common regardless of whether they have been married or have lived together
  • Persons who are or have been in a substantive dating or engagement relationship within the past year
It is important to note that the court will determine whether a relationship is substantive by considering the length of the relationship, the type of relationship, and how often the parties interacted.

Contact RI Criminal Defense Lawyer Craig Hein

Attorney Craig Hein has been successful in defending those who have been criminally accused. Craig’s style is both aggressive and steadfast. From your first conversation with him, you will realize both his capability in the court room and ability to alleviate much of your stress. Craig has made a living out of turning problems into solutions and does not rest until he does everything possible to achieve a desirable outcome. For a free consultation please call 401-619-7214.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

Copyright © 2018 Craig Hein Law

Read More